How the Injury Lawsuit Process Works

If you've been injured in an accident and want to seek compensation for medical bills or lost income, you can make a claim. However many people are confused about how the litigation process operates.

In this blog post, we will discuss five litigation milestones that every personal injury claim must be through.

Time to File

Every state has a law that restricts the time you can make a claim following an accident. If you don't file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed the parties will then begin a discovery process that involves exchanging documents, witness testimony, and depositions. This can take a long time depending on the nature of the case.

At this point, a skilled lawyer will make an offer of settlement. However, your lawyer cannot make a demand until after you've reached the point of maximum medical improvement and are as recovered as possible.

There is also the possibility that you must adhere to additional time limitations if injured by an entity of the government or by a physician who is employed by the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in greater depth. In general the cases are solved more quickly than other cases.

Statute of Limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many kinds of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations starts to run on the day the injury. However, there are exceptions to this rule, which can effectively stop the clock in certain situations. The discovery rule, for example, allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can also be shortened or tolled in certain situations in certain circumstances, for example, if the plaintiff is young or mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating consequences on the victim and their family.

Damages

Anyone who prevails in an accident case is entitled to damages. These can include money to cover medical expenses, lost wages and injuries-related costs. Other kinds of damages compensate someone who has suffered emotional distress or loss of enjoyment because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not perform the act with the same level of care that a reasonable person would have applied in the same situation which led to your injury.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property and the amount of lost earnings if an injury lawsuits prevented you from working or forced you to be absent or take vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a factor of 1.5 to 5. General damages are usually more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Although it's not an essential element of any injury Law Firms case, mediation can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask you questions to find out what you're expecting and injury law firms the amount you'd like to spend. The mediator will then talk with both sides on their own. You will then make counter-offers and exchange offers to find a solution.

The aim of mediation is to come to an agreement where neither the liable party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been involved in a workplace accident or auto accident. Contact us today to arrange a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case has not been resolved out of court. This will depend on your personal circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your lawyer will present a defense of peers before a jury. The jury is responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and that financial damages are needed to pay for your expenses and losses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict, given by jurors or judges in a bench trial, will decide if the defendant was negligent and if so, what amount of financial damages you should be awarded.